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MESSAGE OF THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC OF KAZAKHSTAN

About condition of the constitutional legality in the Republic of Kazakhstan (it is heard on joint sitting of Chambers of Parliament of the Republic of Kazakhstan on June 20, 2006)

According to the subitem 11) of article 53 of the Constitution of the Republic of Kazakhstan the annual message about condition of the constitutional legality in the country to Parliament of the Republic of Kazakhstan goes.

In the constitutional development of Kazakhstan 2005 was celebrated by number of important events. 10 years to the Country constitution were performed, there took place regular elections of the Head of state and experimental elections of akims of areas, half of deputies of the Senate of Parliament of the Republic is re-elected.

Throughout the course of commitment to respect of human rights conducted by the Republic Kazakhstan ratified fundamental International Covenants of the United Nations on the civil, political, economic, social and cultural laws, having undertaken obligations on ensuring compliance to these international documents of the national legal system and law-enforcement practice. Adoption of the Presidential decree of the Republic of Kazakhstan of May 4, 2005 No. 1568 "About measures for further use of potential of the Constitution of the Republic of Kazakhstan" became the major stage in approval of constitutionalism in the country.

In 2005 5 final resolutions are accepted the Constitutional council of the Republic of Kazakhstan: 2 - on representations of courts; 2 - according to addresses of groups of deputies of Parliament; 1 - according to the address of the President of the Republic of Kazakhstan. In all resolutions it was pointed out the defects of the considered or related regulatory legal acts requiring further enhancement.

The resolution of council of January 31, 2005 No. 1 is recognized to the contradicting Items 1 of Article 14 and Item 1 of article 6 of the Constitution Item 3 of article 15 of the Law of the Republic of Kazakhstan of July 14, 1997 as No. 155-I "About notariate", establishing obligation of passing of certification only for private notaries whereas notaries public were not subject to similar form of control. The constitutional council saw violation of the constitutional principles of equality of all before the law, recognition and equal protection of the state-owned and private property here.

In pursuance of this resolution Government of the Republic of Kazakhstan provided project development of the relevant law in the plan of bill works for 2006.

According to the appeal of the Supreme Court of the Republic of Kazakhstan regulations of article 13 of the Law of June 30, 1992 No. 1468aXII "About Social Protection of the Citizens Who Were Injured owing to Ecological Disaster in Priaralye" were consideration subject on compliance of the Constitution. Reason for the address was that circumstance that the specified provisions of the law fixing number of social privileges and guarantees provide their provision only to persons living in zone of ecological catastrophe. The subject of the address saw in it discrimination on the principle of the residence as the citizens having the status of victims, but who left this zone according to this law, have no right to such social protection.

In the resolution of April 29, 2005 No. 3 the Constitutional council explained that the accommodation facts in zone of ecological catastrophe and damnifications to health of the citizens who appeared in such zone cause emergence of constitutional legal relations between the state and citizens within whom provision of social compensations and privileges for damage suffered or for risk of its causing is guaranteed to the last. At the same time it is noted that the legislator has the right to determine specific types of social compensations and privileges and condition of their obtaining, and also to make differentiation of the rights of citizens by socially justified criteria.

With respect thereto council referred the accommodation facts in zone of ecological catastrophe and, respectively, influence on health of the person of difficult environment of accommodation to socially reasonable criteria of differentiation of privileges. Besides, in the resolution of the Constitutional council it is pointed out the defects which are available in the all-social legal acts adopted recently which not fully correspond to provisions of the law called above. Special attention is paid by the Constitutional council on need of the solution of questions of social protection of category of citizens, "lost health from the disease having causal relationship with ecological disaster". However necessary measures in pursuance of this decision are not taken by competent authorities.

The regulations of Item 3 of article 26 of the Constitution determining the procedure and conditions of property compulsory acquisition for the state needs according to the address of group of deputies of Parliament of the Republic were subject of official interpretation by the Constitutional council. In the resolution of July 1, 2005 council specified No. 4 number of shortcomings of legal acts which establish the bases and evaluation procedure and seizures of land.

In this regard it is recommended to Government of the republic to consider question of initiation of modification and amendments in legal acts on property points of law for the purpose of ensuring uniform understanding and the use of the concepts "state need", "exceptional cases" and "equivalent compensation of property", and also settlement of procedures according to which assessment and withdrawal of the earth for the state needs on the bases provided by the law are performed.

However in respect of bill works of the Government for 2006 the solution of the matter is not provided.

According to the address of group of deputies of Parliament of the republic Item 1 of Article 41 and Item 1 of article 94 of the Constitution of the Republic of Kazakhstan were subject of official interpretation. Availability in the Constitution of regulations which, according to deputies, differently determine terms of holding the regular presidential elections formed the basis for the address.

The constitutional council the resolution of August 19, 2005 determined No. 5 as date of regular elections of the President of the Republic of Kazakhstan the first Sunday of December, 2005.

According to the procedure of preliminary constitutional control according to the address of the Head of state by council considered regarding Constitution compliance the laws "About Activities of the International and Foreign Non-profit Organizations in the Republic of Kazakhstan" and "About Modification and Amendments in Some Legal Acts of the Republic of Kazakhstan concerning Non-profit Organizations" adopted by Parliament.

Council in the resolution of August 23, 2005 specified No. 6 row the considered laws of the discrepancies of the Constitution connected with distribution of regulations of foreign law in the territory of Kazakhstan, restriction of human rights and freedoms with subordinate regulatory legal acts, and also infringement of the constitutional powers of Parliament of the Republic of Kazakhstan which are available in.

The determining factor of ensuring the constitutional legality is implementation of the decisions made by the Constitutional council.

In the last year's message the Constitutional council generalized practice of the constitutional control for the ten-year period.

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